IN THE CASE OF:	 

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000639 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his awards of the Bronze Star Medal (BSM), two awards of the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states the BSM was not added to his DD Form 214 and he believes he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the MUC.

3.  The applicant provides a one-page letter explaining his application, orders awarding him the BSM, and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was commissioned as a U.S. Army Reserve (USAR) Transportation Corps (TC) second lieutenant on 31 May 1970 and was ordered to active duty on 21 July 1970.  He completed his training as a TC officer and CH47 aviator.  He was promoted to the rank of first lieutenant on 21 July 1971 and he was transferred to Vietnam on 21 November 1971 for assignment to the 388th Transportation Company.

3.  He served in three campaigns, departed Vietnam on 4 October 1972, and was transferred to Fort Lewis, Washington.  On 15 November 1972, General Orders Number 3375 issued by Headquarters, 1st Aviation Brigade in Vietnam awarded the applicant the BSM for meritorious service during the period 21 November 1971 to 20 November 1972.

4.  He was promoted to the rank of captain on 21 July 1974 and was subsequently transferred to Fort Eustis, Virginia to attend the officer advanced course.  He was then transferred to Fort Bragg, North Carolina where he remained until he was honorably released from active duty (REFRAD) on            1 December 1978.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, Air Medal (4 Awards), and Vietnam Campaign Medal.

5.  A review of his official records (microfiche) contains orders showing that he was awarded the Senior Army Aviator Badge and the Army Commendation Medal (ARCOM).

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 388th Transportation Company was awarded one award of the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant was assigned to the unit.  It does not show that his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It provides, in pertinent part, that a bronze service star will be worn on the appropriate service medal including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s official records contain orders awarding him the BSM, ARCOM and Senior Army Aviator Badge which were omitted from his DD Form 214 at the time of his REFRAD.  Accordingly, they should be added to his         DD Form 214 at this time.

2.  The applicant served in three campaigns in Vietnam and thus is entitled to wear three bronze service stars on his already-awarded Vietnam Service medal and have them added to his DD Form 214.

3.  Additionally, the applicant’s unit was awarded one award of the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Department of the Army Pamphlet 672-3 does not show that his unit was awarded a second award of the MUC during a period he was assigned to the unit or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with three bronze service stars, Bronze Star Medal, Army Commendation Medal, Senior Aviator Badge, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or a second award of the Meritorious Unit Commendation to his DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140000639



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ABCMR Record of Proceedings (cont)                                         AR20140000639



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